Sean P. MacCarthy and Kaitlyn E. Luther Selected for 2019 Award for Excellence in Pro Bono Service

By News Flash Archives, Press Release

The United States District Court for the Northern District of Illinois, in conjunction with the Chicago Chapter of the Federal Bar Association, have recognized Sean and Kaitlyn with an Award for Excellence in Pro Bono Service.  They were nominated for the award by U.S. District Court Judge John Z. Lee and attorney Julia Lissner for their work in the Sanchez Guzman v. Mera Cabrera case.  This case was a proceeding under the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act.

Illinois Supreme Court Holds Actual Harm Unnecessary for Biometric Privacy Claim

By Client Bulletins, Press Release

In 2008, Illinois became the first state to regulate the collection of biometric data and which spawned a wide range of private class action claims brought under the Biometric Information Privacy Act.  Today, the Illinois Supreme Court gave a boost to those claims by holding that actual harm is not required to state a claim under the Illinois Biometric Information Privacy Act (“BIPA”).  Rather, violation of the statute itself “constitutes an invasion, impairment, or denial of the statutory rights of any person or customer whose biometric identifier or biometric information is subject to the breach.”  The ruling is consistent with the interpretation of the BIPA by the California federal district court in In Re Facebook Biometric Information Privacy Litigation and is sure to encourage more such class actions in the future.  With the proliferation of commercial use of biometric data, it is more important than ever to ensure appropriate safeguards are in place.  For more information on the decision, please click below.

 

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Client Bulletin: January 2019

CMN Upholds Decertification of TCPA Class Action on Appeal

By News Flash Archives, Press Release

After successfully moving to decertify the class in a lawsuit alleging the Firm’s health insurer client violated the TCPA by sending faxes to the insurer’s contracted agents without the specific opt-out notice required by FCC regulations, CMN lawyers have now defeated the class plaintiff’s challenge on appeal. Previously, in related litigation before the FCC, CMN secured a waiver of the regulation for the faxes in question.  On December 3, 2018, the Seventh Circuit Court of Appeals issued its opinion affirming the class decertification holding that in light of the waiver, the evidence CMN presented showing putative class members’ consent to receive the faxes raised individual issues that precluded class treatment of their claims.  The Opinion is available on the link below.

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Opinion